'Martin Act' Protection Against Eviction.Petitioner Landlords brought a holdover hold·o·ver n. One that is held over from an earlier time: a political advisor who was a holdover from the Reagan era; a family tradition that is a holdover from my grandparents' childhood. Noun 1. proceeding, seeking to recover respondent's apartment to occupy as their primary residence. After the inception of respondent's tenancy A situation that arises when one individual conveys real property to another individual by way of a lease. The relation of an individual to the land he or she holds that designates the extent of that person's estate in real property. , the building had become a cooperative through a noneviction plan. However, after a later foreclosure foreclosure Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract. , petitioners became the current owners of the building. The court found that, as respondent entered into possession around October 1974, she was not subject to rent control. Her tenancy was and always had been subject to the Rent Stabilization Law Respondent argued in part that despite cessation of the building's status as a co-op, her "Martin Act" protection against eviction The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. as a nonpurchasing tenant still applied. The court disagreed, saying once the co-op status ends, there is no basis for continuing the additional protection to nonpurchasing tenants. NY Law Journal |
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